“Without Any Investigation, An Institution Is Being Attacked”

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Senior Advocate Kapil Sibal criticised the Centre and Supreme Court over the probe into Justice Yashwant Varma, stating, “Without any investigation, an institution is being attacked,” raising serious concerns about judicial independence and fairness.
Senior advocate and Rajya Sabha MP Kapil Sibal voiced strong criticism against the Centre and the Supreme Court regarding the internal investigation into Justice Yashwant Varmaa former judge of the Delhi High Court.
Sibal claimed that the inquiry was not transparent, breached judicial protocols, and did not allow Justice Varma an opportunity to present his perspective.
The controversy began in March when a fire occurred at Justice Varma’s official residence in Delhi. During firefighting efforts, cash was allegedly discovered in the outhouse, prompting an internal investigation by a committee appointed by the Supreme Court.
Sibal stated,
“If the government wants to initiate impeachment proceedings, it should do so through Parliament. But here, there was direct intervention without solid investigation.”
He added,
“The incident happened in an outhouse located in the area allotted to the judge. Without any investigation, an institution is being attacked…”
Senior advocate Kapil Sibal strongly condemned the Centre and the Supreme Court’s internal inquiry into Justice Yashwant Varma, asserting that the process was not transparent, breached due procedure, and constituted an unjustified assault on the judiciary without adequate investigation.
He highlighted that, although the outhouse was within the judge’s designated premises, the Supreme Court proceeded without a thorough inquiry.
Sibal criticized the three-member committee formed by the Supreme Court, which included Chief Justice Sheel Nagu of the Punjab and Haryana High Court, Chief Justice G.S. Sandhawalia of the Himachal Pradesh High Court, and Justice Anu Sivaraman of the Karnataka High Court.
Sibal remarked,
“You conducted an investigation, prepared a report, but didn’t even hear the judge’s side. This goes against the principles of justice.”
He raised concerns about the broader implications, suggesting,
“Either the government is upset over something, or this is an attempt to revive the NJAC (National Judicial Appointments Commission) to exert pressure on the judiciary.”
Sibal also referred to another ongoing issue the impeachment motion against Justice Shekhar Kumar Yadav of the Allahabad High Court pointing out that the Rajya Sabha Secretariat has not been able to verify his signature for six months.
Sibal questioned,
“Is this not double standards?”
Reports indicate that the committee submitted its findings to both the Prime Minister and the President last month. Sibal noted that the report failed to disclose the amount of cash found or clarify how it was believed to be in the judge’s knowledge.
Also Read: Kapil Sibal Responds to VP Dhankhar’s Remark : “Constitution Is Supreme”
A fire broke out at Justice Varma’s home on the evening of March 14, during which unaccounted cash was inadvertently found by firefighters.
A video depicting the recovery of the burnt cash was reportedly shared by the Delhi Police Commissioner with the Chief Justice of the High Court.
At the time of the incident, Justice Varma and his wife were traveling in Madhya Pradesh, leaving only their daughter and elderly mother at home. On March 21, the Chief Justice of India (CJI) initiated an internal investigation into the allegations, appointing a three-member committee to carry out the inquiry.